The path forward lies in a stage-sensitive synthesis: treat preliminary timelines as binding but flexible, with extensions granted only on reasoned orders, while enforcing final award deadlines as hard, jurisdictional limits.

The Supreme Court’s ruling in Kamal Gupta is a landmark decision in the field of arbitration in India. The court ensured that the arbitral process in India retained its consensual nature by excluding the intervention of non-signatories, thereby strengthening confidentiality as a statutory imperative.

The decisions of the Tribunal on termination of proceedings due to settlement of the parties should be appealable under Section 34 of the Arbitration Act, to increase consistency, and avoid prolonging proceedings that could be without jurisdiction.

The article urges a larger bench of the Supreme Court to address the conflation of venue and seat in arbitration clauses.

To improve the enforcement of arbitration awards, one step is to establish more benches for time-bound disposal of execution petitions.

If an improper construction of Section 36 of Stamp Act is allowed, it would defeat the original purpose of safeguarding state revenue.

It may be prudent for the SC to issue clarifications with respect to the various matters in question which remain unanswered in NN Global.

The author analyses NN Global by comparing it to the pre-conditions of this judgment and its impact on the arbitration mechanism in India.